Generally, when employees decide to leave their jobs, they are
considered to have resigned. But, if employees leave their jobs
because the employer substantially changed essential terms of their
employment contract, they are considered to have been
constructively dismissed. One way an employer can constructively
dismiss an employee is by permitting an abusive, intolerable work
environment.
How can an employer properly address workplace conduct to
minimize the risk of a constructive dismissal claim? This is the
issue that was addressed by the BC Supreme Court in Baraty v. Wellons
Canada Corp., 2019 BCSC 33.
What happened?
The claimant, was employed by Wellons Canada Corp.
("Wellons") as the head of the estimation department. The
estimation department had only two employees, the Claimant and a
subordinate.
